BHAWAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) -The father Bhawar Singh and his son Ashok the two appellants were tried for offence under Sections 147, 148, 307, 323/149, 324/149, 452 I.P.C. in S.T. No. 141 of 1979, along with one more Rajendra another son of Bhawar Singh. Rajendra was acquitted of all the charges while the appellants were acquitted of the charges under Sec. 307 and 452 I.P.C. They were convicted of the offence under Sec. 147, 323/149 and 324/149 I.P.C. and sentenced to one year, one year and 2 years imprisonment respectively by order dated 12.10.1979. Aggrieved by both the sentence and conviction they approached this Court in appeal.

(2.) I have heard learned counsel for the appellant and learned A.G.A. The prosecution story in nutshell was in the form that the informant Brij Pal Singh and his father Dilawar Singh were sleeping inside their house. At about 11.30 p.m. a few persons desired them to open the door. When the door was opened to receive them they were not friends. They assaulted Brij Pal Singh and Dilawar Singh. During the assault a call was also given that Brij Pal Singh was to be done to death.

(3.) The defence has denied the prosecution case and alleged that they have been falsely implicated due to enmity. It was also suggested that there was a dacoity at the house of Dilawar Singh.